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SimplyScripts Screenwriting Discussion Board  /   General Chat  /  Owning rights
Posted by: irish eyes, February 5th, 2014, 6:25pm
Quick question peeps.

My short "11:07" has been filmed and besides some sound work it will be completed. I was approached yesterday by another company, looking to negotiate the rights for the same short.
If I sold the rights to the other company would that mean that the guy who filmed it would have to take it down if requested?

Thanks

Mark
Posted by: J.S., February 5th, 2014, 7:48pm; Reply: 1
If you sold it to the guy's who filmed it then it's no longer your property.

If you didn't actually sign a contract with him and basically gave it to him for free, it still doesn't mean you own it. What were the terms of your agreement with the producer? He or she most likely owns on verbal agreement terms, since it was the producer that made it. By default it's that way.

In that case, whoever wants to buy the rights would have to talk to that producer and buy it from them.

But you can always ask the producer and see what they say.

-J.S.
Posted by: irish eyes, February 5th, 2014, 7:54pm; Reply: 2
Thanks J.S.

I never sold it to the guy who filmed it, I only gave him my permission. I still own the rights. It's another company who just approached me about owning the rights... I probably won't sell it, but I was wondering what would happen to the guy who filmed it already if I happened to sell it.

Mark
Posted by: J.S., February 5th, 2014, 8:12pm; Reply: 3
It still depends on what you agreed to. And I'm only saying this because, you know, I don't want you to be on bad terms with the guy if you tell him you're selling it to someone else and now his film is basically kaput.

Plus you probably didn't have any legal ownership of it anyway unless you copyrighted it, which I highly doubt you went through the trouble to do on a short.

Talk with the guy and figure out something mutually. But if I were you, I wouldn't go up to him and demand anything as if you're the owner because, in truth, it's not clear you actually are.

Just my thoughts.

-J.S.
Posted by: Pale Yellow, February 5th, 2014, 9:56pm; Reply: 4
Tell me you had a contract? Please!! Anyway, it also depends if you give someone exclusive rights to the project. You need to be honest too with the new guy wanting to film it. If he's looking for something for festival material..many festivals will not let a film enter if it's been 'out' on the internet already. Always get a contract.

Congrats on the 'wants' ....you have a good concept it seems!! Great  job!
Posted by: khamanna, February 6th, 2014, 3:53am; Reply: 5
Something like that happened to me recently.

But I decided to let the first producer have it even though a year passed and they still haven't filmed it. They did pay me though.
So, I'm thinking. I'll wait another 8-10 months. If they don't film it, I'll return their money and cancel my verbal agreement with them.
Then I'll shop for another producer.
Just want to see it filmed that's all.

Maybe you could ask your second guy to wait. If the first one doesn't film it then cancel the agreement with him. But I very much agree with Dena - I'd be honest with the second guy. Let him know someone else is filming it.
Posted by: DustinBowcot (Guest), February 6th, 2014, 5:18am; Reply: 6

Quoted from khamanna
Something like that happened to me recently.

But I decided to let the first producer have it even though a year passed and they still haven't filmed it. They did pay me though.
So, I'm thinking. I'll wait another 8-10 months. If they don't film it, I'll return their money and cancel my verbal agreement with them.
Then I'll shop for another producer.
Just want to see it filmed that's all.

Maybe you could ask your second guy to wait. If the first one doesn't film it then cancel the agreement with him. But I very much agree with Dena - I'd be honest with the second guy. Let him know someone else is filming it.


Usually an option is for 12 months, whereby if they haven't filmed it then you own your script again and you get to keep the money.
Posted by: irish eyes, February 6th, 2014, 7:33am; Reply: 7
Thanks guys.

The first guy already filmed it, I sent an email to the 2nd guy and told him of the situation and if he wants to take it further it's up to him.

Thanks again for the info

Mark
Posted by: khamanna, February 6th, 2014, 10:56am; Reply: 8
It was a handshake option in my case - so I don't think honoring the 12 month thing would be right. I didn't let them know about that when agreed to take the payment and have no contract. Next time I'll go for a contract.
Although no contract is a hassle-free thing and it's shorts, so.. I keep asking myself why bother each time I get a request for a short.

Hey, Mark, where did they find your short - here?
Posted by: irish eyes, February 6th, 2014, 8:27pm; Reply: 9
Yeah  Khamanna

I actually posted around this time last year, I always wonder how they find it on here one year after it was posted... It's not like it's top of the shorts section.

Mark
Posted by: rc1107, February 7th, 2014, 8:16am; Reply: 10

Quoted from Mark
I always wonder how they find it on here one year after it was posted... It's not like it's top of the shorts section.


That was a joke, right?  :-)  Because your script is at the top, right above Khamanna's '11'.

from:  The Mark who's had a dozen requests because '2911.21' begins with a number.

As shallow as it seems, Starting your title with a number or an A is the best way to get noticed.


(EDIT:  As for the situation, I'm not too sure contract-wise, but once the currently filmed version hits a festival, (which isn't too far away, is it?), I'm pretty sure the new guys' won't be able to enter any festivals, whether he has rights or not, because festival material has to be all 'original' material, and his would constitute a remake.  Man, can you imagine a festival dedicated to nothing but remakes?)
Posted by: irish eyes, February 8th, 2014, 7:32am; Reply: 11

Quoted from Mark, the other one
from:  The Mark who's had a dozen requests because '2911.21' begins with a number.


How did you know my middle name? ;D

I honestly usually click on the shorts section and it's dated, unless I'm going to the wrong one :D

I'm gonna write a short now and call it "1" ;D

Thanks Mark

p.s The 2nd guy has never got to be me so I wont worry about it
Posted by: khamanna, February 8th, 2014, 7:56am; Reply: 12

Quoted from rc1107


That was a joke, right?  :-)  Because your script is at the top, right above Khamanna's '11'.

Oh, wait, so that's why they keep asking for my 11!

I thought it's on p30 of the thread  and couldn't get how they manage to find it. You must be looking up the shorts section differently. I just go to portal - 11 is nowhere to be seen.

How do you search, Mark?


Posted by: rc1107, February 8th, 2014, 11:02am; Reply: 13
From the actual SimplyScripts homepage, (www.simplyscripts.com), go to Unproduced Scripts, where the new weekly scripts are posted.

On the left hand side as you scroll down, there's different boxes with links.  The second box says 'Unproduced Scripts by Genre'.  Just select 'Monologues/Shorts' and woolah, 11:07 and 11 are at the top.  That is, until I submit my new short  -1.
Posted by: irish eyes, February 8th, 2014, 3:50pm; Reply: 14
Lol so it wasn't just me!

All these years I just learned something new on SS.

I'm not gonna name my new short... just leave it blank :D

Thanks Marky Mark
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